Legal Opinion

McKeage v. . Hanover Fire Insurance Co.

New York Court of Appeals

Decided April 20, 1880PublishedCited by 47 opinions

Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff entered upon an order overruling defendants exceptions and directing judgment on verdict. (Beported below, 16 Hun, 239.) This action was brought for the alleged conversion of certain gas fixtures and mirrors in a dwelling-house in the city of Brooklyn. The facts appear sufficiently in the opinion.

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Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff entered upon an order overruling defendants exceptions and directing judgment on verdict. (Beported below, 16 Hun, 239.) This action was brought for the alleged conversion of certain gas fixtures and mirrors in a dwelling-house in the city of Brooklyn. The facts appear sufficiently in the opinion. The personal property sued for became a part of the realty as “ fixtures,” and it was such at the time of the mortgage to defendant, and at the time of its purchase at the…

1Opinion of the CourtRapallo, J.

The mirrors and gas fixtures in controversy were placed in the house in 1870 by Mr. Curtis, who was then owner thereof. We concur with the court below in its conclusion that they were not so attached to the building as to form part of the realty. Gas pipes which run through the walls and under the floors of a house, are permanent parts of the building, but the fixtures attached to these pipes are not. They are not permanently annexed but simply screwed on projections of the pipes from the walls, left for that purpose, and can be detached by simply unscrewing them. It was shown that the…

2Cases cited3 opinions

  1. Shaw v. LenkeNew York Court of Common Pleas · 1865
  2. Lawrence v. KempThe Superior Court of New York City · 1852
  3. Stern v. FreemanCourt of Appeals of Kentucky · 1863

3Cited by47 opinions

  1. Matter of City of New York (Allen St.)New York Court of Appeals · 1931
  2. Ward v. . KilpatrickNew York Court of Appeals · 1881
  3. Commercial Finance Co. v. Brooksville Hotel Co.Supreme Court of Florida · 1929
  4. Rose v. State of New YorkNew York Court of Appeals · 1969
  5. Fratt v. WhittierCalifornia Supreme Court · 1881

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